Defense attorney requests venue change in murder trial

On Monday, at noon on the dot, 38 potential jurors filed into Cleveland County courtroom No. 1.

Each man and woman had a bright orange jury sticker on the front of their shirt and each one listened as the judge gave opening instructions.

Judge Richard Boner explained who was involved in the case and identified the families on both sides. He explained the charges against Donald Eugene Borders - first-degree rape, first-degree murder and felonious breaking and entering.

Margaret Tessneer was the alleged victim, Judge Boner said.

The potential jurors were told the burden of proof rests on the state of North Carolina and prosecutors must prove Borders' guilt in the case.

He explained that the 54-year-old man is not required to testify.

Judge Boner said each potential juror would be brought out one by one instead of as a group.

The individual selection was a result of the attention the trial has attracted through the media.

Defense motions for trial venue change

Before the jury pool entered the room, Borders' attorney, David Teddy, brought up a motion he filed Monday morning.

He requested a change in venue and asked to have the trial moved outside the county.

Teddy said in light of recent, intense media coverage of the case, in particular The Star's recent series looking into the deaths of Tessneer and two other women in 2003, he felt an impartial jury would be impossible to find in Cleveland County.

Teddy called the case, which involves a black man who was alleged to have raped and killed a white woman, "racially charged."

Sally Kirby-Turner, assistant district attorney, said that motion should have been filed 21 days in advance.

Kirby-Turner said even if jurors were familiar with the case via the media, the issue at stake was whether they could remain impartial and unbiased.

Judge Boner deferred making a decision on moving the trial until after going through the jury pool and determining if there were enough unbiased people to make up a 12-person jury.

Three jurors selected on first day

Throughout Monday afternoon, one potential juror after another took the witness stand.

Borders, dressed in a dark suit, his goatee entirely gray, sat beside Teddy, listening to the responses and scribbling on yellow lined notepaper.

Since his arrest in 2009, he has been held in the Cleveland County Detention Center.

The first woman to take the stand, retired, divorced and white, said she hadn't read about the case in newspapers or seen information broadcast on TV.

She was dismissed by Borders.

Six more men and women came and went before the first juror was selected.

By 4:30 p.m. when court recessed for the day, three total jurors had been picked.

One was a young black woman. Another was an older white man. The third was a younger white woman who worked in the medical field.

Several potential jurors excused

Both the defense and prosecution are entitled to six preemptory challenges, meaning each side can dismiss someone from serving without giving a reason.

By the end of the day, the defense had used three preemptory challenges and prosecution none.

Judge Boner also found cause to excuse three people.

Some knew Tessneer's family members.

One man's wife worked at The Star .

Others had read the series in The Star and said they would have a hard time not allowing the news coverage to influence their decision.

Before court was recessed for the day, the judge instructed jurors not to read or listen to any news of the trial or discuss it with anyone.

Court will reconvene at 9:30 a.m. Tuesday.

Follow the trial

For live updates from the courtroom, follow reporter Rebecca Clark on Twitter @TheStarRebecca.

The Star will be using the hashtag #BordersTrial during this week's court proceedings.

Reach reporter Rebecca Clark at 704-669-3344 or rclark@shelbystar.com or follow on Twitter @TheStarRebecca.